IN THE CASE OF:	  

		BOARD DATE:	        21 May 2009

		DOCKET NUMBER:  AR20090002319 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Purple Heart and the Army Good Conduct Medal.

2.  The applicant states, in effect, that he received a wound to his right calf on
21 August 2007, while assigned to the 1st Battalion, 18th Infantry, 1st Infantry Division in Iraq.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted in the Regular Army on
4 November 2004.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 19D (Cavalry Scout).  The highest rank/grade he attained while serving on active duty was Specialist (SPC)/E-4. 

2.  Item 18 (Remarks) of the applicant’s DD Form 214 shows that he served in Iraq from 1 September 2006 to 21 November 2007.
3.  On 22 March 2008, the applicant was honorably released from active duty after completing a total of 3 years, 4 months, and 19 days of active military service and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, Army Service Ribbon, Overseas Service Ribbon (2nd award), Combat Action Badge, and the Driver and Mechanic Badge with Driver - W Bar.  It does not show award of the Purple Heart or the Army Good Conduct Medal.

5.  The applicant's name is not listed on the Defense Casualty Information Processing System (DCIPS) roster as being wounded in action as a result of hostile action while in support of Operation Iraqi Freedom.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

7.  Army Regulation 600-8-22 also provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

8.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Army Regulation 600-8-22 further provides, in pertinent part, that a bronze service star is authorized to be worn on the Iraq Campaign Medal for participation in each of the following campaigns:  the Liberation of Iraq from 19 March 2003 through 1 May 2003, the Transition of Iraq from 2 May 2003 through 28 June 2004, the Iraq Governance, from 29 June 2004 through 15 December 2005, and the National Resolution from 16 December 2005 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he should be awarded the Purple Heart and the Army Good Conduct Medal were carefully considered and found to have partial merit.

2.  There are no general orders available that show the applicant was awarded the Purple Heart and there is no evidence of record that shows he was wounded or injured as a result of hostile action or that he was treated for such wounds.  
Furthermore, there are no supporting documents to verify that he was wounded during his deployment in support of Operation Iraqi Freedom nor is he listed in DCIPS.  In the absence of such evidence, there is insufficient basis to grant award of the Purple Heart in this case.

3.  Evidence of record shows that the applicant served a qualifying period for award of the first award of the Army Good Conduct Medal during the period from 
4 November 2004 to 3 November 2007.  There is also no record of any disciplinary action against the applicant and no record of a disqualification by his commander during this qualifying period.  Therefore, he is entitled to award of the Good Conduct Medal (first award) and correction of his records to show this award.

4.  Records also show the applicant participated during one campaign period during his service in Iraq.  Therefore, he is eligible for award of one bronze service star for wear on his already-awarded Iraq Campaign Medal.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 13 of the applicant's DD Form 214 the Iraq Campaign Medal;

	b.  awarding the applicant the Army Good Conduct Medal (first award) for the period of 4 November 2004 to 3 November 2007; and

   c.  adding to item 13 of the applicant's DD Form 214 the Army Good Conduct Medal (first award) and the Iraq Campaign Medal with one bronze service star.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart.



      ___________X_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


ABCMR Record of Proceedings (cont)                                         AR20090002319



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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